Summary: We will not investigate this complaint about Council tax support because there is a right of appeal to a Valuation Tribunal.

The complaint

1. Mr X complains that he was unfairly summonsed for non payment of Council tax as he had been paying the correct amount of Council tax after Council tax support had been taken into account.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says that he previously paid £27 per month Council tax but this rose to £238 in July 2024. He was summonsed for non payment as he did not pay this increased amount.
7. The Council says that the decision to end Council tax support followed the end of his entitlement to Universal Credit in February 2024. A new claim for Council tax support was received in August 2024.
8. The Council says it can review the decision to reduce his Council tax support but they require further pay slips. Mr X has a right of appeal to the Valuation Tribunal against any decision relating to entitlement to Council tax support.
9. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

10. We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman